Combined Synopsis and Solicitation EPA IDIQ SP330025Q5012.pdf

SP3300-25-Q-5012

Cush Packaging

NOTICE TO VENDORS

1. Issuing Office:

DLA Distribution Acquisition Operations (J7) 5430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, in conjunction with FAR Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Combined Synopsis / Solicitation (CSS) and the CSS number is

SP330025Q5012.

3. This notice incorporates provisions and clauses in effect under:

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Regulations 2025-03 17 January, 2025

Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice

(DPN)

20250117 17 January, 2025

Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through

PROCLTR

2025-15 04 April 2025

The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR- https://ecfr.federalregister.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/Acquisition/Policy‐and‐Directives/

4. This Combined Synopsis / Solicitation (CSS) is being issued to establish a Fixed Price with Economic Price Adjustment (FPw/EPA) Indefinite Delivery Indefinite Quantity (IDIQ) Contract, with Firm Fixed Price (FFP) delivery orders, for a three year ordering period, for the following item: Cushioning Material in various sizes for multiple location CONUS – wide See the Schedule of Supplies (Attachment 01 - Schedule of Supplies and Attachment 02 –Delivery Addresses) for further details. This effort will be awarded as an Indefinite Delivery Indefinite Quantity (IDIQ) contract and includes estimated quantities only. The quantities identified in the schedule of supplies and services are estimated and represent the Government’s best estimate for each line item. Payment will be for actual quantities procured and delivered at the prices outlined in each Delivery Order. If the Government’s requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract. The Government intends to award one (1) contract as a result of this CSS and will be issued on a Standard Form (SF) 1449. This acquisition is NOT a Defense Priorities and Allocations System (DPAS) rated procurement

5. ELECTRONIC SOLICITATION: This CSS, including all attachments, and any amendments, is only available electronically at the website www.sam.gov. Quoters are cautioned it is their responsibility to access the website for any amendments that may be issued under the CSS. There will be no advance notification of amendment issuance.

Quoters are advised to frequently check the website for any amendments since an amendment may be issued up until the quote submission due date and time. Failure to acknowledge amendments may render your quote non-responsive and ineligible for award.

https://ecfr.federalregister.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy%E2%80%90and%E2%80%90Directives/

6. CSS is being solicited as 100% Small Business Set Aside. The North American Industry Classification System

(NAICS) code for this project is 326140 and the size standard is 1,000 employees. The Product or Service Code (PSC) for this acquisition is 8135. A waiver to the nonmanufacturer rule does exist for NAICSS 326140;

therefore, a small business concern may quote a large businesses product (reference clause FAR 52.219-6 Notice of Total Small Business Set-Aside). All other terms and conditions remain unchanged.

7. DELIVERY ORDERS: This contract is only for use by DLA Distribution. All delivery orders will be issued via email by any DLA Distribution contracting officer or ordering officer. Delivery orders will be issued on a FFP basis.

See Attachment 02 –Delivery Addresses.

8. ORDERING PERIOD: The ordering period for this contract will be the date of the contract award through three (3) One-year ordering periods.

Ordering Period 1 (CLIN 0001 and 0028): November 1, 2025 to October 31, 2026 Ordering Period 2 (CLIN 1001 and 1028): November 1, 2026 to October 31, 2027 Ordering Period 3 (CLIN 2001 and 2028): November 1, 2027 to October 31, 2028

9. DELIVERY INFORMATION: See Attachment 02: Delivery Addresses.

FOB point shall be Destination. The Government desires delivery of the item(s) identified on the purchase order within 30 calendar days after receipt of the delivery order.

The Government requires delivery of all Cush Pack within 30 calendar days after receipt of a delivery order.

The actual delivery date equating to 30 days will be specified on each order.

The primary contract specialist for delivery orders for this contract is DLA Distribution Acquisition Operations J7

(AB)

430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070 Attn: Adam Pennartz Phone: 717-645-1028 E-mail: Adam.1.Pennartz@dla.mil

Upon shipment of the supplies on the written delivery order, the contractor shall contact the contract specialist or ordering officer who issued the written delivery order.

Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

The following link contains information regarding packaging and marking requirements for government shipments, including a full text copy of MIL-STD-129P:

http://www.landandmaritime.dla.mil/offices/packaging/

Unit of Issue: BD = Bundles

Unit of Issue: SH = Sheets

Unit of Issue: RO = Rolls

Unit of Issue: EA = Each

Unit of Issue : BG = Bags

Delivery/Shipment: The Government requires delivery of the item(s) identified on the delivery order.

http://www.landandmaritime.dla.mil/offices/packaging/

This solicitation requires vendors to submit pricing for each CLIN and all years. Delivery Orders will be shipped to destinations in Continental United States. The destination address will be provided in the individual Delivery Orders placed against this contract. F.O.B. Destination prices shall include delivery to all destinations, including delivery to the continental United States (CONUS) Consolidation and Containerization Points (CCP) if the ultimate destination is OCONUS or overseas. Destinations are not restricted to CONUS Defense Logistics Agency (DLA) Distribution sites. Vendors may not propose alternate delivery addresses.

DLA issues this document using the DoD authorized unit of issue. Please refer to the following URL to determine the corresponding ANSI X12 unit of issue.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocumen ts%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWS

ELINK

10. ESTIMATED QUANTITIES: The quantities shown in the Schedule of Supplies are estimated only. They represent the Government’s best-known estimate for each line item. Payment will only be for the actual quantities provided to the Government at the price specified. If the Government requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.

11. GUARANTEED MINIMUM VALUE: The guaranteed minimum value is $8,000.00 for the three (3) year ordering period to be meet within the first contract year. The maximum value of the contract is not to exceed 15% over the total overall lowest technically acceptable proposal.

12. ECONOMIC PRICE ADJUSTMENT(EPA):

For the purposes of the Economic Price Adjustment (EPA) the “Ordering Period” is to be defined as the whole life of the Contract and not the individual years. The 10 % adjustment will be for the life of the Contract (if applied) and not each individual year.

See DLA Procurement Note: C13 EPA Economic Price Adjustment – Standard Supplies (AUG 2017).

Pricing adjustments in accordance with this clause will be based on a Vendor Supplied Industry Standard Publication or Newsletter showing the market price of this product; such as but not limited to: Monthly Petrochemical and Plastics Analysis (MPA) Report (Published by Chemical Data at www.chemicaldata.com). The product covered by the report is Linear Low Density Polyethylene (LLDPE). See EPA clause for additional information.

13. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation; Materials Inspection and Receiving Report (DD250), Completed and Executed Block 32 on the SF1449, Bill of Lading, Packing List, Tracking/Delivery Confirmation or Invoice. To ensure prompt payment to your company, the Proof of Deliveries must include the following:

• CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER

• DELIVERY ORDER NUMBER (as applicable)

• CLIN /MATERIAL NUMBER

• SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

• PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

14. PACKING AND MARKING REQUIREMENTS: All shipping containers shall be packaged best commercial practice in accordance with ASTM D3951-10 and marked in accordance with MIL-STD-129R. All shipments shall contain proper shipping documentation. Contractor shall attach a water-resistant envelope containing all mandatory commercial shipping documentation to the exterior of the shipment. Special Marking Requirements. Each shipping container shall have special markings as required by the applicable ASTM guideline(s).

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK

15. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, during performance and through final payment of any contract resulting from this solicitation. Vendors may obtain information on registration and annual confirmation requirements via the SAM website at http://www.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

16. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.

17. QUESTIONS: Questions regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, via email to Adam Pennartz at Adam.1.Pennartz@dla.mil, Subject: SP330025Q5012 CSS Question. Question(s) must be received by 3:00 PM EDT on May 16, 2025. Answers to questions will be posted to the SAM.GOV website via an amendment to the solicitation.

18. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.

19. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE: Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. All documents must include at a minimum, contract number and purchase request (PR) number for the item, material identifier number, quantity, and unit of issue. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

20. REQUIREMENTS FOR PALLETS: All material shall be packaged best commercial practice in accordance with ASTM 3951 and marked in accordance with MIL-STD-129P. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and purchase request (PR) number for the item, material identifier number, quantity, and unit of issue.

All material must be delivered in accordance with the best commercial practices to insure safe delivery to destination.

Each pallet load of material shall be marked with a label/placard identifying the stock number, contract and delivery order number, and the Unit of Issue (UI) quantities per pallet, if a pallet is required. Vendors shall mark and identify the Original Document Number (ODN) on all freight and packing slips. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

21. ORGANIZATIONAL CONFLICT OF INTEREST: The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.

http://www.sam.gov/

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

22. INDEPENDENT PRICING:

See FAR 52.212-1 Pricing and Administrative 3(g)

23. VARIATION IN QUANTITY (VIQ): VIQ is authorized for this requirement (+/- 10%).

24. Descriptive literature which demonstrates that the quoter clearly and fully understands and meets the minimum technical requirements (As provided in Attachment 01 Schedule of Supplies) necessary to manufacture and/or deliver the requirements of this solicitation. a. “Descriptive Literature” means information (e.g., cuts, illustrations, drawings, brochures) that is submitted as a part of a proposal. Descriptive Literature is required to establish, for the purpose of evaluation and award, details of the product quoted that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction or operation. The term includes only information required to determine the technical acceptability of the quoted product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment.

25. PACKING AND MARKING REQUIREMENTS: All material shall be packaged best commercial practice in accordance with ASTM 3951 and marked in accordance with MIL-STD-129P. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and purchase request (PR) number for the item, material identifier number, quantity, and unit of issue.

All material must be delivered in accordance with the best commercial practices to insure safe delivery to destination.

Each pallet load of material shall be marked with a label/placard identifying the stock number, contract and delivery order number, and the Unit of Issue (UI) quantities per pallet. Vendors shall mark and identify the Original Document Number (ODN) on all freight and packing slips. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

Schedule of Supplies

Vendors shall quote Fixed Unit Prices for all line items shown on the Attachment 01- Schedule of Supplies (i.e., CLINs X001 through X045). All unit prices shall be quoted as FOB DESTINATION pricing in accordance with the delivery addresses provided in Attachment 02 –Delivery Addresses. No pricing past second decimal point.

CONTRACT CLAUSES

ADDENDA TO 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services

(NOV, 2023)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

FAR 52.202-1 Definitions (Jun 2020) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

FAR 52.211-16 VARIATION IN QUANTITY (APR, 1984)

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to ALL .

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-1 Disputes (May 2014) FAR 52.242-5 Payments to Small Business Subcontractors (Jan 2017) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.243-1 Changes – Fixed Price (Aug 1987) FAR 52.246-2 Inspection of Supplies – Fixed Price (Aug 1996) FAR 52.246-16 Responsibility for Supplies (Apr 1984) FAR 52.247-34 F.o.b. Destination (Nov 1991) FAR 52.253-1 Computer Generated Forms (Jan 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) DFARS 252.204-7003 Control of Government Personnel Work Product (Jan 2023) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third Party Contractor Reported Cyber

Incident Information (Jan 2023) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Deviation

2024-00013) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (Jan 2023) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunication Equipment or

Services (Jan 2023) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 2023) DFARS 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a

Country That Is a State Sponsor of Terrorism (May 2019) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) DFARS 252.223-7009 Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting

Agent for Use on Military Installations (Mar 2024) DFARS 252.225-7001 Buy American Balance of Payments Programs (Feb 2024) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (Mar 2022)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (Apr 2022) DFARS 252.225-7021 Trade Agreements (Feb 2024) DFARS 252.225-7036 Buy American – Free Trade Agreements – Balance of Payments Program (Feb 2024) DFARS 252.225-7048 Export Controlled Items (Jul 2013) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (Jan 2023) DFARS 225.227-7037 Validation of Restrictive Markings on Technical Data (Jan 2023) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2022)

DFARS 252.244-7000 Subcontracts for Commercial Items (Nov 2023) DFARS 252.247-7023 Transportation of Supplies by Sea (Jan 2023)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders -- Commercial Products and Commercial Services (Jan 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115– 390, title II).

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115– 390, title II).

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jan 2025) ( 31 U.S.C. 6101 note).

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390

52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

(15 U.S.C. 644).

52.219-8 Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).

52.219-28 Post Award Small Business Program Rerepresentation (Jan 2025) ( 15 U.S.C. 632(a)(2)).

52.222-3 Convict Labor (June 2003) (E.O. 11755).

52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O.13126).

(i) 52.222-35 Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

52.222-37 Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

52.222-40 Notification of Employee Rights under the National Labor Relations Act (Dec

2010) (E.O. 13496).

(i) 52.222-50 Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

52.223-23 Sustainable Products and Serivces (Mar 2025) DEVIATION 2025-0004) 52.252.-1 Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C.

3332).

(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

(End of Clause)

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause Covered Contractor Information System means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute verify

(iii) and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements - This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

FAR 52.211-9 Desired and Required Delivery (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE – All items within 21 days.

If the vendor is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its quote, propose a delivery schedule below. However, the vendor’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE – All items within 30 days.

Vendors that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the vendor proposes no other delivery schedule, the desired delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of quoted mailed or otherwise furnished to the successful vendor results in a binding contract. The

Government will mail or otherwise furnish to the vendor an award or notice of award not later than the day the award is dated. Therefore, the vendor shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an quote that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the quoted delivery date is later than the required delivery date, the quote will be considered nonresponsive and rejected.

(End of clause)

FAR 52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from November 1, 2025 to October 31, 2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S.

mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than unit of measure quantity of 1 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 4,000;

(2) Any order for a combination of items in excess of 208,000; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(1) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(b) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(c) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _ October 31, 2028.

(End of clause)

FAR 52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008 Rev 1)

Use the following clause in lieu of the Federal Acquisition Regulation (FAR) clause 52.219-14, as prescribed at FAR 19.507(e):

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple- award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of a quote and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause–

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) This notice incorporates provisions and clauses in effect under:

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Regulations 2025-03 17 January, 2025

Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice

(DPN)

20240117 17 January, 2025

Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through

PROCLTR

2025-15 04 April 2025

The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR- https://ecfr.federalregister.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/Acquisition/Policy‐and‐Directives/

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter

2) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of Clause)

DFARS 252.223-7009 Prohibition of Procurement of Fluorinated Fire-Fighting Agent for Use on Military Installations. (MAR 2024).

(a) Definitions. As used in this clause, “perfluoroalkyl substances” and “polyfluoroalkyl substances” have the meanings given in section 322(f) of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92).

(b) Prohibition. The Contractor shall not provide or use under this contract any aqueous film-forming foam fire-fighting agent that contains perfluoroalkyl substances or polyfluoroalkyl substances in excess of one part per billion.

https://ecfr.federalregister.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy%E2%80%90and%E2%80%90Directives/

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial products and commercial services, relating to fire-fighting on a military installation.

(End of clause)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023)

(a) Definitions. As used in this clause—

• “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

• “Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

• “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

• “Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

_Invoice Only_(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. ___N/A____(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC** SP3300 Inspect By DoDAAC N/A Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain…